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1986/05/27 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES May 27, 1986 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Pro - Tempore Eck presiding. Call to Order Mayor Pro - Tempore Eck called the meeting of the regular session to order at apoproximately 7:07 p.m. and led the pledge of allegiance. Roll Call Present: (4) Councilmen Hollingsworth, Hopkins, Stewart and Mayor Pro - Tempore Eck Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner and Planning Director Skanchy. Moment of silence Mayor Pro - Tempore Eck requested that a moment of silence be observed in memory of former Mayor Arthur Roberts who passed away on May 17th. Mayor Pro - Tempore Eck thanked those who were scheduled to be on the agenda for their willingness to wait until the next meeting in order that tonight's meeting could be brief in honor of former Mayor Roberts who will be missed and whose untimely death will make it difficult to carry on with the tasks ahead. Approval of Minutes Mayor Pro - Tempore Eck stated that Mr. Peter Podchernikoff requested a couple of corrections to the minutes of May 12, 1986 meeting, viz. on page 7, paragraph 6, first line, delete "from the audience" and add "spoke from prepared statement with a copy to the City Manager, supporting the Expressway extension" and on the fourth line, second word "limited" be deleted and add "deeded to Sonoma County ". Upon motion of Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, the minutes of May 12, 1986 were approved as corrected. Approval of Bills Upon motion of Councilman Hollinsworth, seconded by Councilman Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $409,892.53 were approved. Rohnert Park City Council Minutes -2- May 27, 1986 City Manager Callinan referred to his Council Meeting Memo dated May 21, 1986 and explained the resolution. Resolution No. 86 -88 RESOLUTION APPROVING EXTENSION OF TERM OF LEASE AGREEMENT WITH COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT RE: EMILY SCHOOL ANNEX (EVERGREEN SCHOOL) City Manager Callinan referred to his Council Meeting Memo dated May 21, 1986 and explained the resolution. C O N S E N T C A L E N D A R City Manager Callinan referred to his Council Meeting Memo dated May 21, 1986 for explanation of the matters on the consent calendar and advised that the City Council had been provided with pertinent materials regarding same. Mayor Pro - Tempore Eck stated a member of the audience requested to consider Resolutions Nos. 86 -87 and 86 -88 separately. Council concurred. Resolution No. 86 -83 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF TAEKO JONES (c /o Hirschfield &. Nadler) Resolution No. 86 -84 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF FELIX L. ST. CLAIRE (c /o R. James Fisher, Attorney at Law) Resolution No. 86 -85 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING. EASEMENT AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION CO. (For Northwest Blvd. Project No. 1983 -2) Resolution " =''No. 86 -86 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING COMMERCIAL /INDUSTRIAL INSPECTION SERVICE AGREEMENT FOR INDUSTRIAL WASTE PRETREATMENT PROGRAM Upon motion of Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, reading of Resolutions Nos. 86 -83 through 86 -86 was waived and said resolutions were adopted. 5: �: 5�' n• �' i :'i':S'fS':i :•i:J..1..LJ..1..'C Ifni: i�C n'i:i:�•i:•n�S'iiC'n Ji'i:�i:i:i:S4�•4•i.��: ni: is •n J: Si••i: �i'C i'C .J. J,. SL VJ�SV Resolution No. 86 -87 RESOLUTION AUTHORIZING AND APPROVING MODIFICATION OF AGREEMENT WITH COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT (Gold Ridge) City Manager Callinan referred to his Council Meeting Memo dated May 21, 1986 and explained the resolution. Resolution No. 86 -88 RESOLUTION APPROVING EXTENSION OF TERM OF LEASE AGREEMENT WITH COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT RE: EMILY SCHOOL ANNEX (EVERGREEN SCHOOL) City Manager Callinan referred to his Council Meeting Memo dated May 21, 1986 and explained the resolution. Rohnert Park City.Council Minutes —3— May 27, 1986 Mr. Peter Podchernikoff, 1120 Civic Center Drive, was recognized and read a prepared statement, copies of which he distributed to Councilmembers. (A copy is attached to the original set of these minutes.) Mr. Podchernikoff referred to the Political Reform Act of 1974 to raise the matter of conflict of interest for Councilman Hopkins in voting on matters involving the School District. Councilman Hopkins requested City Attorney Flitner for clarification to which Mr. Flitner replied that unless Mr. Podchernikoff can point out any special benefits received by Councilman Hopkins not received by the other Councilmen, then there is no conflict of interest, and until further documentation is presented, Councilman Hopkins has the right to participate in School District matters. City Manager Callinan stated that had Mr. Podchernikoff read the whole section of the Political Reform Act, from which he read only a part, he would have recognized that it does not apply to Councilman Hopkins and the section clearly supports City Attorney Flitner's statement. - Councilman Hollingsworth commented, that Mr. Podchernikoff's right to speak is certainly paramount but the timing is incorrect and he should have submitted his findings by letter and not have interrupted the Consent Calendar to bring up this issue. Mayor Pro — Tempore Eck stated the Council would accept City Attorney Flitner's opinion. Upon motion of Councilman Hopkins, seconded by Councilman Stewart, and unanimously approved, reading of Resolutions Nos. 86 -87 and 87 -88 was waived and said resolutions were adopted. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken on any communication unless specifically noted in these minutes. City Manager Callinan stated that additional communications were received after the list was prepared viz several letters from applicants for the Council vacancy, copies of which were provided to the Council. Councilman Hollingsworth inquired about the Cameo Coffee situation and City Manager Callinan replied that their use permit will be before the Planning Commission on June 12th for public hearing on possible revocation. Rohnert Park City Council Minutes —4— May 27, 1986 City Manager's City `Manager Callinan referred to a map on display and Report: GVif Course explained the minor modifications being proposed by Cal--Golf Restaurant /Pro Shop to get more seating space, etc. in the Golf Course restaurant. expansion He stated that since the building is the City's, he is requiring Council approval before granting the go ahead. Discussion followed during which the Council referred the matter to the Council's Golf Course Committee (Hollingsworth and Stewart) who will have the authority to dispense with the matter. City Attorney's City Attorney Flitner referred to City Manager Callinan's report: Re filling memo to Council dated May 23, 1986 regarding the filling of of Council vacancy the Council vacancy and the Council's options indicating_.he concurred with the memo.. Councilman Hollingsworth recommended that the Council make an appointment and choose one from the five Planning Commissioners. Mayor Pro — Tempore Eck agreed with the recommendation of making an appointment but said he would like other citizens to have a chance to apply. Councilman Hopkins stated that it is logical to make an appointment from the Planning Commissioners because of their experience in Planning and Zoning matters. Councilman Stewart stated that former Councilmen could also be considered for appointment. Further discussion followed during which it was decided that an adjourned meeting be held on Monday, June 2, 1986 and that any interested party submit a fact sheet to the City not later than 5:00 p.m., June 2, 1986 and, if they wish, call any of the Councilmen to discuss their attributes or appear at the June 2nd meeting to present a two - minute statement. The Council agreed that it will review and discuss the applications on June 2nd but that the appointment will be made at the June 9th meeting. Matters from Mayor Pro — Tempore Eck stated that several letters have been Councilmen: received suggesting numerous ways to honor former Mayor Establish Council Roberts. Councilmen Hollingsworth and Hopkins were appointed committee to recommend as a Council committee to review the suggestions received and a memorial for former to recommend a memorial for former Mayor Roberts. Mayor Roberts Rohnert Park City-Council Minutes -5- May 27, 1986 Campaign signs Councilman Hollingsworth inquired if there is a way to limit the size of campaign signs that are appearing on front lawns of residents and recommended that if they cannot be eliminated, their size be limited. City Attorney Flitner stated that such an action runs into constitutional problems of freedom of expression but he will review the matter and report back to Council if there is a solution. Unscheduled Public Dave Fisher, 7458 Santa Barbara Drive, was recognized and Appearance: Mr. read a statement (the original of which is attached to the Dave Fisher original set of these minutes) requesting help for residents who live around the Benecia Park area concerning continuing disturbances. Staff was directed to look into the matter to come up with suggestions and have a report from the Public Safety Department for the next meeting how to solve the problem. Adjournment There being no one further desiring to be heard, the meeting to June 2, 1986 was adjourned in memory of former Mayor Roberts at approximately 7:50 p.m. to June 2, 1986 at 7:00 p.m. Mayor Pro- Tempore ATTEST: Deputy City Clerk 5 -27 -86 Dear Mayor Eck and Council: Councilman Hopkins in his capacity as a Rohnert Park City Councilman and as an employee of the Cotati - Rohnert Park Unified School-.District has a financial CONFLICT OF INTEREST as defined by the Political Reform Act of 1974, Article 1. Sections 87100, and 87103 -C, and therefore should disqualify himself from dis- cussing and voting on Resolution 86 -87 (approval of four new portables for the School Districts "G School "), and from all future Council actions involving the School District. This CONFLICT OF INTEREST has been ongoing over a period of many years and has many facets including the following: 1) The Councils imposition of the School Impact Fee (during unification due the local voters unwillingness to approve Bonds to finance the District), 2) and the Councils increasing of the above fee twice thereafter 3) Councils approval of school sites 4) Councils agreements with financial institutions for the financing of "portables" 5) Councils leasing of "portables" to the School District 6) Councils landscaping of school sites and the maintenance of same either in -house or contracted out. 7) various Council scholarships, financial gifts and subsidies, etc. These Council actions (of which the Councilman participated in many, if not all) benefited Councilman Hopkins personally and financially, and that of his employer The Cotati - Rohnert Park Unified School District. The Councilman used his position as a Councilman to expand and help consolidate his employers power city -wide, both financially and materially when needed, through whom his salary, benefits, pension, etc., are paid, and naturally increasing as the District expands. And if not already the case, Councilman Hopkins will someday in the near future be instructing students at the High School who came from schools which he voted into existence as a member of the Council. Recognizing that a CONFLICT OF INTEREST exists is nothing new to this Council. RP Councilmembers do on occasion disqualify themselves from discussing and voting on a matter which they recognize as such. Let me emphasize that I have raised this matter not because of any personal animosity toward the Councilman in question (because I have none toward him), and not because of any that I might have toward the School District (which is also non - existent), but simply because this CONFLICT is a reality and must be addressed by those involved. Respectfully, _Plc;lt�n Peter Podchernikoff roJt pia <s r Political Practices ' Com 7 • SACRAMENTO, 95804 • • • 428 J STREET, SUITE 800, SA POLITICAL EFORM ACT �In 1974 AS AMENDED TO January 1, 1986 Ivernment Code Sections 81000 -91015 %.napter i. l.ontlicts of Interest. § 87100 - 87313 Article L_ General Prohibitions. § 87100 - 87103 Z Disclosure. § 872W - 87210 3- Conflict of Interest Codes. 1 873(X) - 87500 4- Disqualification of Fortner Officers and Employees. § 87400 - 87405 & Filing. § 87500 57 . Article 1. General Prohibition. § 87100 - 87103 § 87100. Public Officials; State and Local. § 87101. Legally Required Participation in Governmental, Deci- sion. § 87102. Requirements Additional; Applicability of Enforcement Provisions. § 87103. Financial Interest. § 87.103.5. Income from Retail Sales. 87100. Public Officials; State and Local. No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. 87101. Legally Required Participation in Governmental Decision. Section 87100 does not prevent any public official from making or par- ticipating in the making of a governmental decision to the extent his participation is legally required for the action or decision to be made. The fact that an official's vote is needed to break a tie does not make his participation legally required for purposes of this section. 87102. Requirements Additional; Applicability of Enforcement Provi- sions. The requirements of Section 87100 are in addition to the re- quirements of Articles 2 and 3 of this chapter and any Conflict of Interest Code adopted thereunder. However, the remedies provided in'Chapters 3 (commencing with Section 83100) and 11 (commencing with Section 91000) shall not be applicable to elected state officers for violations or threatened violations of this article. History. Amended by SIML 1980, U. 1029, •Nxlir* January 1, 1981. 87103. Financial Interest. An official has a financial interest in a de- cision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (a) Any business entity in which the public official has a direct or indirect investment worth one thousand dollars ($1,000) or more. (b) Any real property, in which the public official has a direct or indirect interest worth one thousand dollars ($1,000) or more. (c) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, ag Le ating_t�Y:o_ hundred_fifty_dollarS$250) or more in value provided to, received by or 1 promised to the public official, within 12 ­ months, prior to the time when th® decision ,tsu made, � (d) Any business entity in which the public official is a director, offi- cer, partner, trustee, employee, or holds any position of management. . (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value 75 90007. Auditing Guidelines and Standards. (a) The commission shall adopt auditing guidelines and standards which shall govern audits and field investigations conducted under Section 90001. The guidelines and standards shall be formulated to accomplish the following purposes: (1) The audits should encourage compliance and detect violations of this title; (2) The audits should be conducted with maximum efficiency in a cost - effective manner; and (3) The audits should be as unobtrusive as possible consistent with the foregoing purposes. (b) In adopting its guidelines and standards the commission shall con- sider relevant guidelines and standards of the American Institute of Certi- fied Public Accountants to the extent such guidelines and standards are applicable and consistent with the purposes set forth in this section. History. Added by Slats. 1978, Ch. 779, effective September 18, 1978. Chapter 11. Enforcement. § 91000 - 91014, § 91000. Violations; Criminal. § 91001. Responsibility for Enforcement. § 91001.5. Authority of City Attorneys of Charter Cities. § 91002. Effect of Conviction. § 91003. Injunction. § 91003.5. Conflicts of Interest Violation. § 91004. Violation of Reporting Requirement; Civil Liability. § 91005. Civil Liability for Campaign, Lobbyist, Conflict of Inter- est Violation. § 91005.5. Civil Penalties. § 91006. Joint and Several Liability. § 91007. Procedure for Civil Actions. § 91008. Judgment on the Merits; Precedence; Dismissal. § 91008.5. Civil Action Precluded by Commission Order. § 91009. Considerations; Liability. § 91010. Campaign Disclosure Violations; Request to Civil Prose- cutor. § 91011. Statute of Limitations. § 91012. Costs; Attorney Fees; Bond. § 91013. Late Filing of Statement or Report; Fees. § 91013.5. Collection of Penalties. § 91014. Applicability of Other State Law. § 91015. Liability for Violations; Criminal and Civil. Z91000. Violations; Criminal. (a) Any person who knowingly' or willfully violates any provision of this title is guilty of a misdemeanor. (b) In addition to other penalties provided by law, a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person failed to report properly or unlawfully contributed, expended, gave or received may be imposed upon conviction for each violation. (c) Prosecution for violation of this title must be commenced within four years after the date on which the violation occurred. History, Amended by Slats. 1978, Ch. 1411, effective January 1, 1979. 76 91001. Responsibility for Enforcement. (a) The Attorney General is responsible for enforcing the criminal provisions of this title with respect to state agencies, lobbyists and state elections. The district attorney of any county in which a violation occurs has concurrent powers and responsibili- ties with the Attorney General. (b) The civil prosecutor is primarily responsible for enforcement of the civil penalties and remedies of this title. The civil prosecutor is the commission with respect to the state or any state agency, except itself. The Attorney General is the civil prosecutor with respect to the commission. The district attorneys are the civil prosecutors with respect to any other agency. The civil prosecutor may bring any civil action under this title which could be brought by a voter or resident of the jurisdiction. Upon written authorization from a district attorney, the commission may bring any civil action under this title which could be brought by a voter or resident of the jurisdiction. Under such circumstances,- Section 91007 shall not apply to the commission. (c) Whether or not a violation is inadvertent, negligent or deliberate; and the presence or absence of good faith shall be considered in applying the remedies and sanctions of this title. History: Amended by Stets_ 1976, Ch. 1161, effective Jonst y 1, 1977. Repeated and reenocted as amended by Stab. 1977, Ch. 230, effective AAY 7, 1977. Amended by Stota 1979, Ch. 357, effective January 1, 1980. 91001.5. Authority of City Attorneys of Charter Cities. In any case in which a district attorney could act as the civil or criminal prosecutor under the provisions of this title, the elected city attorney of any charter city may act as the civil or criminal prosecutor with respect to any viola- tions of this title occurring within the city. History. Added by Stab. 1976, Ch. SK effective August 26, 1976. 91002 Effect of Conviction. No person convicted of a misdemeanor under this title shall be a candidate for any elective office or act as a lobbyist for a period of four years following the date of the conviction unless the court at the time of sentencing specifically determines that this > provision shall not be applicable. A plea of nolo contendere shall be deemed a conviction for purposes of this section. Any person violating this section is guilty of a felony. x91003. Injunction. (a) Any person residing in the jurisdiction may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this title. The court may in its discretion -require any plaintiff other than the commission to file a complaint with the commis- sion prior to seeking injunctive relief. The court may award to a plaintiff or defendant who prevails his costs of litigation, including reasonable attorney's fees. (b) Upon a preliminary showing in an action brought by a person residing in the jurisdiction that a violation of Article 1 (commencing with Section 87100) of Chapter 7 of this title or of a disqualification provision of a Conflict of Interest Code has occurred, the court may restrain the execution of any official action in relation to which such a violation oc- curred, pending final adjudication- If it is ultimately determined that a violation has occurred _and that the official action might not otherwise 77' have been taken or approved, the court may set the official action aside as void. The official actions covered by this subsection include, but are not limited to orders, permits, resolutions and contracts, but do not include the enactment of any state legislation. In considering the granting of preliminary or permanent relief under this subsection, the court shall accord due weight to any injury that may be suffered by innocent persons relying on the official action. History: Amended by Slats. 1976, Ch. 1161, effective January 1, 1977. 91003.5 Conflicts of Interest Violation. Any person who violates a provision of Article 2 or 3 of Chapter 7 is subject to discipline by his agency,' including dismissal, consistent with any applicable civil service or other personnel laws, regulations and procedures. 91004. Violation of Reporting Requirement; Civil Liability. Any per- son who intentionally or negligently violates any of the reporting'require -`, ments of this act shall be liable in a civil action brought by the civil: prosecutor or by a person residing within the jurisdiction for an amount not more than the amount or value not properly reported. 91005. Civil Liability for Campaign, Lobbyist, Conflict of Interest Viola- tion. (a) Any person who makes or receives a contribution, gift or expenditure in violation of Section 84300, 84304, 86202, 86203 or 86204 is liable in a civil action brought by the civil prosecutor or by a person' residing within the jurisdiction for an amount up to five hundred dollars ($500) or three times the amount of the unlawful contribution, gift or expenditure, whichever is greater. (b) Any designated employee or public official specified in Sectionsi 87200, other than an elected state officer, who realizes an economic bene- fit as a result of a violation of Section 87100 or of a disqualification provision' of a Conflict of Interest Code is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount up to three times the value of the benefit. History: Amended by Slats. 1978, Ch. 566, effective January 1, 1979; amended by Slats. 1982, Cfu 727, effective January 1, 1983. 91005.5. Civil Penalties. Any person who violates any provision of this title, except Sections 84305, 84307, and 89001, for which no specific civil penalty is provided, shall be liable in a civil action brought by the commis- sion or the district attorney pursuant to subdivision (b) of Section 91001, or the elected city attorney pursuant to Section 91001.5, for an amount up to two thousand dollars ($2,000).. No civil action alleging a violation of this title may be filed against a person pursuant to this section if the criminal prosecutor is maintaining a criminal action against that person pursuant to Section 91000. The provisions of this section shall be applicable only as to violations occurring after the effective date of this section. History: Amended by Slats. 1982, Ch. 727, effective January 1, 1983. 91006. Joint and Several Liability. If two or more persons are re- sponsible for any violation, they shall be jointly and severally liable. 91007. Procedure for Civil Actions. (a) Any person, before filing a. civil action pursuant to Sections 91004 and 91005, must first file with the "y zip -Inv, k7 Y10 kits i6 1z' le C-7 Ve, V1— JJJ coo TWA, it i"' � x mot. A ¢ l-Y s " L"b 3' v i ,�s�"w } _ �._ t� e l.�:g� .n - ~ � �� � ( ��J� ✓ _� ,.-�a :'a`.. -eai. r _ 2 —h � Q"s.. �. �� ' �l �i r L'� 2' —q,.- <.,. � ✓ {'C � l ",' ", � r r :. f .^�`-G e « , a =p� ^k.� a p \% h a p �p a { r J� Hv n x � v ♦ R / 3 M' v { a woe x z''� 1, 1 F , 9 t i> 6114 �} t T ✓! , t or " s _ f � n a ,. �`�i4 r 'vr' { ...r Y,..:" y a+^^ ".E �<- F"x :,,.i ,F'., 'a..�,. ✓ ° ""'' """5..., j�a`� f` I kr`.... ... 3 p 4 f s � v t , ` z -� /,- a ✓ , e 1 k ay a , ;; a.. l � WOE „w J wo s , May 11, 1986 HONORABLE MAYOR AND MEMBERS OF THE COUNCIL: The Safety Department of the Rohnert Park has been under scrutiny for the past several weeks from the media, and a few citizens including a petition with 1300 names, are of the opinion the Safety Department is not functioning as it should. This cannot be ignored. FINDINGS I have talked with a great number of people during the past two weeks, including the heads of the various department namely: Fire and Police. I also researched the records. I find them in excellent shape. Example -- Safety Director Dennett has many awards including traffic and his department has solved most of the major crimes and the moral of the department is high. The Fire group is unjustly critized. Example - -A twenty- minute time elapse as reported by the media, my study of the alarm indicates it took 1-L minutes for the first officer to arrive on the scene. The public did not help. They kicked in a door and attempted to extinguish the fire with a small fire extinguishers. This resulted in a delayed alarm. The hose lines 2 were not in use, etc, etc. RECOMMENDATIONS 1. Study the possibility of a Safety Commission consisting of 3 members similar to Planning and Recreational Commissioners to assist in bringing before the council problems and also helping to solve these problems. 2. Suggest a study group for input into problems with Budget. As a participating member I suggest Roger Selfield, the person who obtained the 1300 signitures on a petition, be made part of this group. 3. Placing new signs on the safety buildings and educating the public as to what they mean, and the purpose of each function. 4. Study manpower. "Do we .need more or less ?" 5. The news media should be more discreet about reporting news and and should check out their source before reporting. I believe hard working dedicated people should be praised and not ridiculed especially when doing a good job. In conclusion - -on a scale from 1 to 10, the Department rates 8+ in my opinion. Let's every body work for crime and fire prevention and support the people who give so much. Respectfully C/ J. M. Clark JMC/acc CC: All members of City Council -2-